Point of Law: Service – Pension - In case of identically placed persons, the CAT was pleased to allow the OA and KVS was directed to extend the benefit of GPF cum pension scheme to the respondents keeping in view their appointment as PGT/Principal was on direct recruitment basis and after the cut-off date.

JUDGMENT :

AMIT BANSAL, J.

1. Both the present writ petitions raise similar questions of fact and law and are therefore being disposed of together by this common judgment. The petitions assail orders passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi.

2. Writ Petition (Civil) 7712/2020 impugns the order dated 26th September, 2019 in OA No. 2743/2018; and Writ Petition (Civil) 9851/2020 impugns the order dated 28th February 2020 in OA No. 1398/2019. Vide both the impugned orders, the CAT allowed the OA filed by the respondents herein and have directed that the benefit of the GPF cum pension scheme be extended to them. Respondents were directed to refund the employers’ contribution along with interest and any other funds received by them under Contributory Provident Fund (CPF) scheme, which are to be refunded as per the scheme of the respondent organization.

Brief facts in W.P. (C) 7712/2020

3. Respondent joined Kendriya Vidayalaya Sangathan (KVS) as Primary Teacher on 19th March, 1979. Subsequently, respondent was appointed to the post of Post Graduate Teacher (PGT) on direct recruitment basis on 5th January, 1986 and thereafter, as Principal on direct recruitment basis on 1st July, 2002. The respondent retired on attainting age of superannuation as the Principal on 30th November, 2007. Thereafter, on 26th June, 2018 the respondent submitted a representation dated 26th June, 2017 for converting the respondent from CPF scheme to GPF cum pension scheme. The relief not being granted, the respondent filed OA No. 2742/2018 before the CAT, which was allowed by the CAT vide the impugned order dated 26th September, 2019.

Brief facts in W.P. (C) 9851/2020

4. The respondent joined KVS as PGT on 20th October, 1983. Subsequently, the respondent was appointed to the post of Principal on direct recruitment basis on 15th July, 2002. The respondent retired as Principal on attaining the age of superannuation on 31st March, 2008. Thereafter on 1st May, 2017, the respondent submitted a representation for converting the respondent from CPF scheme to GPF cum pension scheme. The said relief not being granted, the respondent filed OA No.1398/2019 before the CAT and the same was allowed by the CAT vide impugned order dated 20th February, 2020.

5. It was the case of the respondents before the CAT that the pension scheme was implemented by the petitioner with effect from 1st January, 1986 and after the said date all appointees were deemed to be in the GPF cum pension scheme and since they were appointed as PGT/Principal on direct recruitment basis after the said date, they were covered under the GPF cum pension scheme. The respondents relied upon orders passed by the CAT in cases of other employees of the petitioners seeking similar relief. The case before the CAT was contested by the petitioner, KVS by filing a counter affidavit. It was contended that the petition was highly belated and that the respondents throughout their employment were issued documents as per the CPF scheme indicating regular deduction towards contribution to CPF, based on which the respondents have filed income-tax returns from time to time.

6. Vide the impugned orders, the CAT was pleased to hold that since the appointment of respondents as PGT/Principal was on direct recruitment basis after the cut-off date, they will be governed by GPF cum pension scheme. Reliance was placed on previous decisions of the CAT in the case of O.A. No. 457/2011 Sh. Jhonson P. Jhon vs. Assistant Commissioner KVS decided vide order dated 22.03.2012 by the CAT Ernakulam Bench, which was upheld by the Hon’ble High Court of Kerala vide order dated 13.08.2013 in OP (CAT) No. 597/2013, The Deputy Commissioner KVS vs. Jhonson P. Jhon; as well as order dated 19.09.2016 in OA No. 3112/2013 Hoshiar Singh vs. Union of India by the CAT Principal Bench, wherein the CAT had distinguished the decision of the Hon’ble Supreme Court in KVS and Others vs. Jaspal Kaur and another (2007) 6 SCC 13, and